Helping Individuals with Prenuptial & Postnuptial Agreements in Lexington, Kentucky and Fayette County
While discussing a prenuptial agreement may not feel particularly romantic, it can be an important step for many couples. Prenuptial agreements—also known as prenups, premarital agreements, or antenuptial agreements—can help protect separate property in case of a dissolution.
At Stange Law Firm, we assist individuals in Lexington, Kentucky, with drafting, reviewing, and litigating prenuptial agreements. We also handle postnuptial agreements, which function similarly to prenuptial agreements but are created during the marriage.
What is a Prenuptial Agreement?
A prenuptial agreement is a legal contract made between two individuals prior to marriage. Its main purpose is to safeguard each person’s assets and property in case of divorce or death. The agreement can also outline how property will be divided if the marriage comes to an end.
Common elements covered in a Kentucky prenuptial agreement include:
- Property Division: How real estate, personal property, investments, and other assets will be divided in the event of a divorce or separation. This includes assets owned before the marriage and any acquired during it.
- Debt Responsibility: How debts incurred by either party, both before and during the marriage, will be handled and divided if the marriage ends.
- Spousal Support (Alimony): Whether one party will be entitled to alimony if the marriage ends in divorce, and if so, how much and for how long.
- Business Interests: The treatment of any businesses owned or started by either party before or during the marriage, including how they will be valued or divided.
- Retirement Accounts and Investments: The division of retirement benefits such as pensions, 401(k) accounts, IRAs, and other investment accounts.
- Inheritance and Gifts: The agreement can specify whether assets received as gifts or inheritances by one party during the marriage will remain separate property or become joint assets.
- Assets Acquired Before Marriage: Whether specific assets owned by either party before marriage will remain separate property or be shared.
- Intellectual Property: Any copyrights, trademarks, patents, or royalties owned or developed by either party before or during the marriage.
- Future Earnings: How future earnings, such as salaries, bonuses, or other income, will be treated during the marriage and in the event of divorce.
- Dispute Resolution: The agreement may outline how disputes related to the prenuptial agreement, such as divorce proceedings, will be handled, whether through mediation, arbitration, or court.
Kentucky provides flexibility in determining what can be included in a prenuptial agreement. However, certain matters, like child custody and child support, cannot be predetermined or waived in the agreement. For the prenuptial agreement to be enforceable, it must be entered into voluntarily, with full disclosure of assets, and without coercion.
Lexington, Kentucky Postnuptial Agreements
A postnuptial agreement in Kentucky is a legal contract created after marriage to address the division of assets, debts, spousal support, business interests, and other financial matters in the event of divorce or separation. While similar to a prenuptial agreement, a postnuptial agreement is established after the marriage has already taken place.
Enforcing a Prenuptial or Postnuptial Agreement in Lexington, Kentucky
Enforcing a prenuptial or postnuptial agreement can be difficult, as courts impose strict standards when reviewing these agreements. However, if enforcement becomes necessary, Stange Law Firm is here to provide compassionate and dedicated legal guidance in Lexington, Kentucky. We focus on helping you advance your case by working together to develop a strategy that carefully weighs the costs and benefits of each decision. Our goal is to achieve the best possible outcome for you.
It’s important to note that signing a prenuptial or postnuptial agreement without legal representation can make it easier to challenge its enforceability. For this reason, both parties should seek independent legal counsel before signing such agreements. In fact, our firm’s Founding Partner, Kirk C. Stange, authored a book on prenuptial agreements, Prenuptial Agreements Line by Line, published by Thomson Reuters (Aspatore Publishing).
Handling Prenuptial or Postnuptial Agreements in Lexington, KY
If you would like to learn more about the Fayette County Family Court, additional information is available through the following links:
- Fayette County Circuit Clerk’s Office: Find details about the office and its services here.
- Kentucky Court Information: Locate specific guidelines and procedures for Fayette County Courts here.
- Fayette County Family Law Forms & Information: This link offers important family law forms in Lexington, Kentucky.
- City of Lexington, Kentucky: Learn more about Lexington’s local government here.
- Fayette County, Kentucky Family Court: Get directions to the Fayette County Family Courthouse in Lexington through Google Maps here.
Schedule a Consultation with a Lexington, Kentucky Prenuptial or Postnuptial Agreement Lawyer
While discussing a prenuptial agreement may feel challenging, it can provide significant long-term benefits for you and your family. To assist you, we have published articles offering valuable insights on the topic, including: Is a Prenuptial Agreement in Your Future? How to Have ‘The Talk’, Social Media Clauses Gaining Popularity in Prenuptial Agreements, Domestic Asset Protection Trusts Versus Prenuptial Agreements: What is the Best Option?, and Prenuptial Agreements for Elderly Couples.
To schedule an initial consultation with our prenuptial agreement lawyers in Lexington, Kentucky, call us at 855-805-0595 or reach out to us online.
Fayette County (Lexington) Office: 859-203-2583 | 424 Lewis Hargett Cir., Suite 231, Lexington, Kentucky 40503
